Category: International

Page: 9 of 10Page 9 de 10<<<...678910

Anti-Bribery Compliance Programs

June 4, 2015

The most effective way for companies to manage corruption risk and eliminate or reduce liability under anti-bribery laws is to implement a corporate anti-bribery compliance program. It should be tailored to a company’s business and to the risks associated with that business, in particular the foreign bribery risks facing the company (such as its geographical and industrial sector of operation)….

Extraterritorial Reach of Anti-Corruption Laws on Corporations and Persons in the Gulf

June 3, 2015

Introduction The extraterritorial reach of the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act (UKBA) and the Canadian Corruption of Foreign Public Officials Act (CFPOA) is broad and can easily ensnare individuals and corporations conducting business in the GCC region who may assume that they are not subject to such laws. That wrong assumption can result in severe…

Update: Extractive Sector Transparency Measures Act Now In Force

June 3, 2015

  The Extractive Sector Transparency Measures Act (ESTMA) came into force on June 1, 2015. ESTMA is designed to reduce international corruption by enacting reporting obligations with respect to payments made to foreign and domestic governments (and government officials), and eventually aboriginal or indigenous governments.   As set out in our November 2014 Blakes Bulletin: Extracting Transparency: New Bill Creates…

Navigating the Minefield: Practical Considerations for Conducting Internal Investigations

June 2, 2015

INTRODUCTION The reality of today’s business landscape is that no industry is entirely isolated from incidents of bribery or corruption. Accordingly, corporations should ensure they have appropriate procedures in place to conduct properly scoped and designed internal investigations when such issues surface. A recent New York Times exposé regarding a corruption-related internal investigation undertaken by a Fortune 500 company is…

The Long Arm of the Law is Not That Long: Court Declines Jurisdiction over Document Production by Foreign Non-Party

June 1, 2015

  In Lockwood Financial Ltd. v. China Blue Chemical Ltd., the British Columbia Supreme Court (BCSC) ruled that it does not have the territorial jurisdiction to order a foreign company to give documentary evidence in a proceeding in B.C. to which it is not a party. The decision provides reassuring guidance on the basis of jurisdiction relating to contractual obligations…

2015 Federal Budget Highlights Recent Changes to Competition and Foreign Investment Policy

April 22, 2015

Finance Minister Joe Oliver tabled the 2015 federal budget before the House of Commons on April 21, 2015. The budget highlighted recent policy changes in competition law and foreign investment review, including new powers for the Competition Bureau to investigate cross-border price gaps and new thresholds for World Trade Organization (WTO) investors under the Investment Canada Act. INVESTIGATING CROSS-BORDER PRICE…

New Investment Canada Act Thresholds and National Security Review Periods

March 26, 2015

The Canadian government has adopted new regulations and implementing orders that: significantly alter the existing review thresholds under the Investment Canada Act (ICA) for most investors require additional information in ICA notification and application forms extend the potential time periods for a national security review under the ICA. The first two noted amendments will come into effect on April 24,…

The Boycott, Divestment and Sanctions Movement: Limits on Restricting Trade with Israel

March 6, 2015

Since 2005, a political action campaign referred to as the “Boycott, Divestment and Sanctions” movement (BDS Movement) has drawn public attention to the issue of Israeli-Palestinian relations. The BDS Movement promotes a variety of actions that are intended to restrict trade with Israel, including by targeting companies affiliated with or engaged in trade with Israel or Israeli businesses. Businesses should…

Merger Notification and Foreign Investment Review Thresholds Revised Upward for 2015

February 2, 2015

On February 2, 2015, the Competition Bureau announced an increase in the notifiable transaction-size threshold to C$86-million, a modest increase from the 2014 C$82-million threshold. The pre-merger notification transaction-size threshold is reviewed annually in accordance with the indexing mechanism set out in the CanadianCompetition Act to reflect changes in Canada’s gross domestic product. This new threshold for 2015 will come…

Chinese Legal Overhaul to Impact Overseas IPOs, Private Equity Investments

January 26, 2015

On January 19, 2015, China’s Ministry of Commerce (MOFCOM) issued for comment a new draft foreign investment law that if implemented would be the most significant change to China’s foreign investment regime in at least the past 15 years and fundamentally alter the way foreign investors access some of China’s most compelling investment opportunities, including through overseas initial public offerings…

Page: 9 of 10Page 9 de 10<<<...678910